Homeowner Associations

New Unpublished Appellate Decision Involving Protection of Views Within California Homeowner Associations

February 28, 2021

Homeowners tend to become very upset when their existing views will be obstructed by a neighbor’s proposed remodeling project. Conversely, owners who want to add a second story to their residence are just as adamant that they should have the right to upgrade their own homes as they see fit–without regard to whether their construction […]

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Divisive Political Climate and Unruh Act Claims: Potential Implications for Homeowners Associations

September 11, 2020

It is no secret that the United States in 2020 is a more divided place than in recent memory. A combination of COVID-19 and social and political forces exacerbated by the media has led many of us to feel as though we are living through a period of heightened tension, mistrust, and anxiety, whether perceived […]

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April 21, 2020
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We are currently facing an unprecedented crisis in our country and state, forcing us to adapt to conditions unlike any experienced in our lifetimes. Some have compared it to a state of war, circumstances so extraordinary that they justify at least a temporary suspension of basic civil liberties, while others believe that the response has […]

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Homeowner Association Dilemma Damage Caused by Water Leaks: Who is responsible?

February 29, 2020

1. The Problem In a normal condominium development, the most prevalent claims by owners against their association are those arising from water leaks. The typical allegation is that water entered through the roof, a broken pipe inside a wall, or a planter adjacent to a first floor unit, resulting in damage to the resident’s furnishings, […]

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Court Exonerates Board Member in Multi-Million Dollar Claim

January 16, 2019

Kulik Gottesman Siegel & Ware LLP (“KGSW”) is pleased to announce that Thomas M. Ware II and Justin Nash successfully defended Erna Parth, a former homeowners’ association volunteer director and President, against a multi-million dollar damage breach of fiduciary duty claim brought against her by her own homeowners association.  After a 25 day bench trial, […]

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Homeowner Associations Have Very Broad Power to Exercise Architectural Control

November 17, 2017

One of the most important duties of any homeowner association is the exercise of architectural control.  The concept is sometimes hard for new owners to understand because they tend to think, “This is my property and I can do whatever I want with it.”  That is absolutely not the case in California – in fact, […]

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California Court of Appeal Rules On Whether a Homeowners Association is Required to Accept Partial Payments

October 17, 2014

On October 14, 2014, the Court of Appeal issued a published decision in the case Huntington Continental Townhouse Association, Inc. v. Joseph A. Miner (Court of Appeal Case No. G049624). The case addressed whether a homeowners association must accept partial payments to reduce delinquent assessments. The Court of Appeal held that under Civil Code section […]

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